On 14 june 19, the first immigration regulation act, which limited the free movement of asians, and restricted their entry into the country, was passed in south africa. Unravelling south african immigration law caveat legal. Government gazette staatskoerant republic of south africa republiek van suidafrika regulation gazette no. Immigration act means the immigration act, 2002 act of 2002. Immigration to south africa is far from being a product of the 1990s. The new laws and regulations governing those entering the country have not changed the entire south africa immigration landscape, however in their execution by the department of home affairs, they have caused confusion and sometimes havoc for both private person and the business sector alike. In 2002, the regulation of migration in south africa was put onto a truly new.
Yet this assumption masks the long history of state. This version of the immigration and nationality act ina is current as of december 2002, with the exception of sections 2a 241, which are current as of. British consular officer or other person duly so authorized. Words in bold type in square brackets indicate omissions from existing enactments. New south african immigration regulation comes into law. We are a privatelyowned immigration practice and as such comply with the immigration act of south africa. It was and remains one of the most unpleasant aspects of doing business in south africa.
Amendment of section 32 ofact of 2002, as amended by section 33 ofact 19 of 2004 1. The act also stipulates that, on arrival, any person, regardless of background. To amend the immigration and nationality act to change the level, and preference system for admission, of immigrants to the. Pdf historical overview of migration regulation in south africa. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Republic and for matters connected therewith, the immigration act aims at setting in place a new system of. The immigration regulation act is passed in south africa. Preamble substituted by section 1 of act 19 of 2004. South african citizenship act 88 of 1995 gazette no. The new south african immigration regulations were released by government gazette in may 2014. Here is a graqphical representation of the new changes to the immigration law.
New south african immigration laws immigration lawyers. Exemption requests, internal appeal ander the immigration act and relief by courts. July 2005 julia willand assessor iuris immigration practitioner imcosa immigration and consulting south africa cc. There have been a number of changes to south africas immigration law over the past two years, triggered by amendments to the immigration act, no. If you are running a company and employ foreigners you should know about the recent changes in south african immigration law. The immigration act, no of 2002 provides for the regulation of admission of people and their departure from the republic. Immigration amendment act parliament of south africa.
South african immigration act work permit south africa. All you need to know about your tasheel visa application. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The passing of new immigration legislation has been long awaited in south. This article explains the legal implications based on the current immigration act south africa after thorough revision of the immigration amendment act act 19, 2004 and the new immigration regulations, the minister of home affairs announced on 1st. Immigration in or rather into south africa has not just lately occupied the newspapers, magazines and blogs.
Be it enacted by the parliament of the republic of south africa, as follows. The third edition of this title in the jutas pocket statutes series reflects the law as at 21 july 2017 customised juta pocket statutes featuring your company branding are available to meet your unique business requirements. The immigration act of 2002 first came into operation on april 7 2003, with amendments on july. I s in possession of critical reliable information concerning a terrorist organization, enterprise, or.
The employment of foreigners in south africa immigration sa. Endnotes are in terms of section 75c ofthe immigration act, 2002 and. The regulations provides more information on the processes to be followed when applying for a visa permit. Words underlined with a solid line indicate insertions in. The minister of home affairs has, in terms of section 7 of the immigration act, 2002 act no. Weve turned to expert consultancy black pen immigration to help unpack the 272 page government gazette that stipulates immigration law modifications. The primary aim of the project is to research the estimated 15,000 core families who migrated to southern africa between 18501950 from england, germany, lithuania, latvia and belarus. South africas refugee act, passed in 1998, orders the issuance of asylum to those who can prove political persecution in their home country.
Everything you need to know about the department of home affairs latest immigration laws. Republic of south africa immigration act iriphabliki yaseningizimu afrika umtsetfo wetifikinamtfwalo no. You will need to know these facts when you employ foreigners in your company. Amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. Permanent homosexual or heterosexual relationship 4. Act online south african government information pdf consulted on 200611 abstractcitation. A major aim of the first nationwide immigration legislation passed in south africa, the immigrants regulation act of 19, was to exclude indian immigrants who had been.
The minister of home affairs has, in terms of section 7 1 of the lmrnigratiari ace, xi02 a. Immigration laws south africa immigration act no of 2002, as amended by act no 19 of 2004. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Service or the south african police service in consultation. The act was prejudiced on the basis of national origin, race, gender and class.
The immigration act is supplemented by the immigration regulations which underwent significant changes in may 2014, specifically in relation. B e it enacted by the parliament of the republic of south africa, as follows. The employment of foreigners in south africa the immigration act of 2002 is responsible for regulating foreign employment in the republic of south africa. Although it has been two years since the law changed, some challenges continue to plague the south african immigration process. Testimonial craig is your man when it comes to immigration. This act lays out the rules and regulations for admission of foreigners into south africa, their residence in south africa and their departure from south africa as well as the ability for foreigners to work within the republic. South africas new immigration act summary may 2014. Employing foreigners in south africa the employment of foreigners in south africa is regulated by the immigration act of 2002, as amended the immigration act. The below information is supplied by intergate immigration. Exemption requests, internal appeal ander the immigration. Immigration act south africa upended by legal chaos. On friday the 23rd may 2014 we received the new immigration laws, with an implementation date of monday the 26th may 2014.
The new south african immigration regulationslaw 20142015. Modern changes to south african immigration policies. Amendment of preamble to act of 2002, as substituted by section 1 of act 19 of 2004 i. As immigration to south africa in the 20th century meant white immigration this has led to the assumption that an obviously racist white south african state allowed in any and all white immigrants and kept out all black immigrants. All the new south african immigration laws and changes. Amended by immigration amendment act of 2011 from 26 may 2014. E it enacted by the parliament of the republic of south africa, as follows. Visas and permits affected by the new change range from the general work, relatives, critical skills, business and study. Amended by prevention and combating of trafficking in persons act 7 of 20 from 29 aug 2014.
199 1302 132 1642 1165 1412 894 912 815 1434 525 19 1104 476 960 962 1175 132 1402 155 7 1175 932 1528 228 1032 582 1100 974 1496 1114 1343 106 1290 1480 1052 1104 876 599